Taiwan (Republic of China)'s Constitution of 1947 with Amendments through 2005

Transcription

1 PDF generated: 23 Nov 2017, 15:38 constituteproject.org Taiwan (Republic of China)'s Constitution of 1947 with Amendments through 2005 Oxford University Press, Inc. Translated by Max Planck Institute Prepared for distribution on constituteproject.org with content generously provided by Oxford University Press. This document has been recompiled and reformatted using texts collected in Oxford s Constitutions of the World.

2 Table of contents Preamble CHAPTER I: GENERAL PROVISION CHAPTER II: RIGHTS AND DUTIES OF THE PEOPLE CHAPTER III: THE NATIONAL ASSEMBLY CHAPTER IV: THE PRESIDENCY CHAPTER V: ADMINISTRATION CHAPTER VI: LEGISLATION CHAPTER VII: THE JUDICIARY CHAPTER VIII: EXAMINATION CHAPTER IX: CONTROL CHAPTER X: POWERS OF THE CENTRAL AND LOCAL GOVERNMENTS CHAPTER XI: SYSTEM OF LOCAL GOVERNMENT Section 1: The Province Section 2: The County CHAPTER XII: ELECTION, RECALL, INITIATIVE, AND REFERENDUM CHAPTER XIII: FUNDAMENTAL NATIONAL POLITICS Section 1: National Defense Section 2: Foreign Policy Section 3: The National Economy Section 4: Social Security Section 5: Education and Culture Section 6: The Frontier Regions CHAPTER XIV: ENFORCEMENT AND AMENDMENT OF THE CONSTITUTION. 30 The Additional Articles of the Constitution of the Republic of China Page 2

3 Source of constitutional authority Political theorists/figures Motives for writing constitution Preamble The National Constituent Assembly of the Republic of China, by virtue of the mandate received from the whole body of citizens, in accordance with the teachings bequeathed by Dr. Sun Yat-sen in founding the Republic of China, and in order to consolidate the authority of the State, safeguard the rights of the people, ensure social tranquility, and promote the welfare of the people, do hereby adopt this Constitution to be promulgated throughout the land for faithful and perpetual observance by all. CHAPTER I: GENERAL PROVISION Type of government envisioned Article 1 The Republic of China, founded on the Three Principles of the People, shall be a democratic republic of the People, to be governed by the people, and for the people. Article 2 The sovereignty of the Republic of China shall reside in the whole body of citizens. Requirements for birthright citizenship Article 3 Persons possessing the nationality of the Republic of China shall be citizens of the Republic of China. Article 4 The territory of the Republic of China within its existing national boundaries shall not be altered except by a resolution of the National Assembly. Article 5 There shall be complete equality among the various ethnic groups in the Republic of China. National flag Article 6 The national flag of the Republic of China shall show a red field with a blue sky and a white sun in the upper left corner. Page 3

4 CHAPTER II: RIGHTS AND DUTIES OF THE PEOPLE General guarantee of equality Equality regardless of gender Equality regardless of social status Equality regardless of political party Equality regardless of religion Article 7 All citizens of the Republic of China, irrespective of sex, religion, ethnic origin, class, or party affiliation, shall be equal before the law. Article 8 Principle of no punishment without law Protection from unjustified restraint Establishment of military courts 1. Personal freedom shall be guaranteed to the people. Except in case of flagrante delicto, which shall be separately prescribed by law, no person shall be arrested or detained other than by a judicial or police organ in accordance with the procedure prescribed by law. No person shall be tried or punished other than by a court of law in accordance with the procedure prescribed by law. Any arrest, detention, trial, or punishment which is not carried out in accordance with the procedure prescribed by law may be resisted. 2. When a person is arrested or detained on suspicion of having committed a crime, the organ making the arrest or detention shall inform him and any relative or friend designated by him in writing of the grounds for his arrest or detention, and shall turn him over to a competent court for trial not later than twenty-four hours after his arrest. The arrested person or any other person may petition the competent court to serve a writ on the organ making the arrest to surrender him within twenty-four hours for trial. 3. The court shall not reject the petition referred to in the preceding paragraph, nor shall it order the organ concerned to make an investigation and a report on the arrest before surrendering the person for trial. The organ concerned shall not refuse to comply with, or delay compliance with the writ for surrender. 4. When a person is unlawfully arrested or detained by any organ, he or any other person may petition the court to make an investigation. The court shall not reject such a petition and shall, within twenty-four hours, investigate the action taken by the organ concerned and deal with the matter in accordance with law. Article 9 With the exception of persons on active military duty nobody shall be subject to trial by a military tribunal. Freedom of movement Article 10 The people shall have freedom of residence and of change of residence. Freedom of expression Freedom of press Article 11 The people shall have freedom of speech, teaching, writing, and publication. Right to privacy Article 12 The people shall have freedom of privacy of correspondence. Page 4

5 Freedom of religion Article 13 The people shall have freedom of religious belief. Freedom of assembly Freedom of association Article 14 The people shall have freedom of assembly and of association. Right to life Right to own property Right to work Right of petition Article 15 The right to existence, the right to work, and the right to own property shall be guaranteed to the people. Article 16 The people shall have the right to present petitions, lodge complaints, and institute legal proceedings. Article 17 The people shall have the right of election, recall, initiative, and referendum. Article 18 The people shall have the right to take public examinations and hold public offices. Legislative initiatives by citizens Article 19 The people shall have the duty to pay taxes in accordance with law. Duty to serve in the military Article 20 The people shall have the duty to perform military service in accordance with law. Compulsory education Article 21 The people shall have the right and the duty to receive elementary education. Article 22 All other freedoms and rights of the people that are not detrimental to social order or public welfare shall be guaranteed under the Constitution. Emergency provisions Article 23 All the freedoms and rights enumerated in the preceding articles shall not be restricted by law except such as may be necessary to prevent infringement upon the freedoms of others, to avert an imminent danger, to maintain social order, or to promote public welfare. Page 5

6 Ultra-vires administrative actions Article 24 Any public employee who, in violation of law, infringes upon the freedom or right of any person shall, in addition to being subject to disciplinary measures in accordance with law, be liable to criminal and civil action. The victim may, in accordance with law, claim damages from the State for any injury suffered. CHAPTER III: THE NATIONAL ASSEMBLY Article 25 The National Assembly shall, in accordance with the provisions of this Constitution, exercise political powers on behalf of all the citizens of the country. Article 26 The National Assembly shall be composed of the following Delegates: 1. One Delegate shall be elected from each County, Municipality, or area of equivalent status. In case the population of the electoral district exceeds 500,000, one additional Delegate shall be elected for each additional 500,000. The election of Delegates representing areas equivalent in status to the County or Municipality shall be regulated by law; 2. Delegates to represent Mongolia shall be elected on the basis of four for each League and one for each Special Banner; 3. The number of Delegates to be elected from Tibet shall be determined by law; 4. The number of Delegates to be elected by various ethnic groups in frontier regions shall be determined by law; 5. The number of Delegates to be elected by Chinese citizens residing abroad shall be determined by law; 6. The number of Delegates to be elected by occupational groups shall be determined by law; 7. The number of Delegates to be elected by women s organizations shall be determined by law. Article The functions of the National Assembly shall be as follows: 1. To elect the President and the Vice President; 2. To recall the President and the Vice President; Page 6

7 3. To amend the Constitution; 4. To vote on proposed constitutional amendments submitted by the Legislative Yuan by way of referendum. 2. With respect to the rights of initiative and referendum, except as is provided in Items 3 and 4 of the preceding paragraph, the National Assembly shall adopt regulations pertaining thereto and put them into effect after one half of the Counties and Municipalities of the country shall have exercised their rights of initiative and referendum in their respective jurisdictions. Article Delegates to the National Assembly shall be elected every six years. 2. The term of office of the Delegates to each National Assembly shall terminate on the day the next National Assembly convenes. 3. No incumbent government official may be elected a Delegate to the National Assembly in the electoral district where he holds office. Article 29 The National Assembly shall be convoked by the President to meet ninety days prior to the date of expiration of each Presidential term. Article An extraordinary session of the National Assembly shall be convoked in any one of the following circumstances: 1. When, in accordance with the provisions of Article 49 of this Constitution, a new President and a new Vice President are to be elected; 2. When, by a resolution of the Control Yuan, an impeachment of the President or the Vice President is instituted; 3. When, by a resolution of the Legislative Yuan, an amendment to the Constitution is proposed; 4. When an extraordinary session is requested by at least two-fifths of the Delegates to the National Assembly; 2. When an extraordinary session of the National Assembly is to be convoked in accordance with Item 1 or Item 2 of the preceding paragraph, the President of the Legislative Yuan shall issue the notice of convocation; when it is to be convoked in accordance with Item 3 or Item 4, it shall be convoked by the President of the Republic. Article 31 The National Assembly shall meet at the seat of the Central Government. Page 7

8 Article 32 No Delegate to the National Assembly shall be held responsible outside the Assembly for opinions expressed or votes cast at meetings of the Assembly. Article 33 While the Assembly is in session, no Delegate to the National Assembly shall, except in case of flagrante delicto, be arrested or detained without the permission of the National Assembly. Article 34 The organization of the National Assembly, the election and recall of Delegates to the National Assembly, and the procedure to be used by the National Assembly in carrying out its functions shall be regulated by law. CHAPTER IV: THE PRESIDENCY Name/structure of executive(s) Foreign affairs representative Article 35 The President shall be the Head of State and shall represent the Republic of China in foreign relations. Designation of commander in chief Article 36 The President shall have supreme command of the Army, Navy, and Air Force of the country. Article 37 The President shall, in accordance with the law, promulgate laws and issue mandates with the countersignature of the President of the Executive Yuan or with the countersignatures of both the President of the Executive Yuan and the Ministers or Chairmen of the Commissions concerned. International law Treaty ratification Power to declare/approve war Designation of commander in chief Article 38 The President shall, in accordance with the provisions of this Constitution, exercise the powers of concluding treaties, declaring war, and making peace. Article 39 The President may, in accordance with the law, declare martial law with the approval of, or subject to confirmation by, the Legislative Yuan. When the Legislative Yuan deems it necessary, it may, by a formal resolution, request the President to lift the martial law already declared. Page 8

9 Power to pardon Article 40 The President shall, in accordance with the law, exercise the powers of amnesty, pardon, remission of sentence, and restitution of civil rights. Selection of active-duty commanders Article 41 The President shall, in accordance with the law, appoint and dismiss civil and military officers. Head of state powers Article 42 The President may, in accordance with the law, confer honors and decorations. Emergency provisions Article 43 In case of a natural disaster, an epidemic, or a national financial or economic crisis that calls for emergency measures, the President may, during the recess of the Legislative Yuan, by resolution of the Council of the Executive Yuan and in accordance with the Law on Emergency Orders issue emergency orders and take such measures as may be necessary to cope with the situation. Such orders shall, within one month after issuance, be submitted to the Legislative Yuan for confirmation. In case the Legislative Yuan withholds confirmation, the said orders shall forthwith cease to be valid. Article 44 In case of disputes involving two or more Yuan other than those for which provisions are made in this Constitution, the President may call a meeting of the Presidents of the Yuan concerned for consultation with a view to reaching a solution. Deputy executive Minimum age of head of state Eligibility for head of state Deputy executive Article 45 Any citizen of the Republic of China who has reached the age of forty may be elected President or Vice President. Article 46 The election of the President and the Vice President shall be prescribed by law. Article 47 The President and the Vice President shall serve a term of six years. They may be reelected for a second term. Oaths to abide by constitution Article 48 On assuming office, the President shall take the following oath: I do solemnly and with all sincerity swear before the people of the whole country that I will observe the Constitution, faithfully perform my duties, promote the welfare of the people, and safeguard the security of the State so as not to betray the people s trust. Should I break my oath, I will submit myself to severe punishment by the State. This is my solemn oath. Page 9

10 Head of state removal Head of state replacement Article 49 In case the office of the President should become vacant, the Vice President shall succeed to it until the expiration of the original Presidential term. In case the office of both the President and the Vice President should become vacant, the President of the Executive Yuan shall perform the functions of the President and, in accordance with the provisions of Article 30 of this Constitution, convoke an extraordinary session of the National Assembly to elect a new President and a new Vice President to serve out the unfinished term of the preceding President. In case the President should, for any cause, be unable to attend to his official duties, the Vice President shall perform his functions. In case both the President and the Vice President should be unable to attend to their official duties, the President of the Executive Yuan shall perform the functions of the President. Article 50 The President shall be relieved of his duties on the day his term of office expires. If, by that time, the next President has not yet been elected, or if the President-elect and the Vice President-elect have not yet assumed office, the President of the Executive Yuan shall perform the functions of the President. Article 51 The period during which the President of the Executive Yuan performs the functions of the President shall not exceed three months. Head of state immunity Article 52 The President shall not, without having been recalled or having been relieved of his functions, be liable to criminal prosecution unless he is charged with having committed an act of rebellion or treason. CHAPTER V: ADMINISTRATION Establishment of cabinet/ministers Article 53 The Executive Yuan shall be the highest administrative organ of the State. Establishment of cabinet/ministers Name/structure of executive(s) Article 54 The Executive Yuan shall have a President, a Vice President, and a number of Ministers and Chairmen of Commissions, and Ministers without Portfolio. Establishment of cabinet/ministers Article The President of the Executive Yuan shall be nominated and, upon confirmation by the Legislative Yuan, appointed by the President of the Republic. 2. If, during the recess of the Executive Yuan, the President of the Executive Yuan should resign or if his office should become vacant, his functions shall be performed. The President shall, within forty days, request a meeting of the Legislative Yuan to confirm his nominee for the vacancy. Page 10

11 3. Pending confirmation, the Vice President of the Executive Yuan shall temporarily perform the functions of the President of the said Yuan. Establishment of cabinet/ministers Cabinet selection Article 56 The Vice President of the Executive Yuan, Ministers and Chairmen of Commissions, and Ministers without Portfolio shall be appointed by the President of the Republic upon the recommendation of the President of the Executive Yuan. Establishment of cabinet/ministers Article 57 The Executive Yuan shall be responsible to the Legislative Yuan in accordance with the following provisions: 1. The Executive Yuan has the duty to present to the Legislative Yuan a statement on its administrative policies and a report on its administration. While the Legislative Yuan is in session, its Members have the right to question the President of the Executive Yuan and Ministers and Chairmen of Commissions of the Executive Yuan. 2. In case the Legislative Yuan does not agree with a major policy of the Executive Yuan, it may, by a formal resolution, request the Executive Yuan to change it. Confronted with the Legislative Yuan s resolution, the Executive Yuan may, with the approval of the President of the Republic, request the Legislative Yuan to reconsider it. If, after reconsideration, two-thirds of the Members of the Legislative Yuan present at the meeting uphold the original resolution, the President of the Executive Yuan shall either abide by it or resign from office. 3. In case the Executive Yuan deems a decision by the Legislative Yuan on a statutory enactment, a budget or a treaty bill difficult to enforce, it may, with the approval of the President of the Republic and within ten days after the transmission of the Legislative Yuan s resolution, request the latter to reconsider it. If, after reconsideration, two-thirds of the Members of the Legislative Yuan present at the meeting uphold the original resolution, the President of the Executive Yuan shall either abide by it or resign from office. Establishment of cabinet/ministers Budget bills Budget bills Establishment of cabinet/ministers Powers of cabinet Article The Executive Yuan shall have a Council of the Executive Yuan, to be composed of its President, Vice President, Ministers and Chairmen of Commissions, and Ministers without Portfolio, with its President as Chairman. 2. Statutory or budgetary bills or bills concerning martial law, amnesty, declaration of war, the conclusion of peace, international treaties and other important matters which have to be submitted to the Legislative Yuan, as well as matters of common concern to all the ministries and commissions, shall be laid before the Council of the Executive Yuan by the President of the Executive Yuan and by the various Ministers and Chairmen of Commissions for its consideration and decision. Article 59 The Executive Yuan shall, three months before the beginning of each fiscal year, submit to the Legislative Yuan a budgetary bill for the following fiscal year. Page 11

12 Establishment of cabinet/ministers Article 60 The Executive Yuan shall, within four months after the end of each fiscal year, submit a final account of revenues and expenditures to the Control Yuan. Establishment of cabinet/ministers Article 61 The organization of the Executive Yuan shall be regulated by law. CHAPTER VI: LEGISLATION Structure of legislative chamber(s) Article 62 The Legislative Yuan shall be the highest legislative organ of the State. It shall be composed of Members elected by the people and shall exercise legislative power on their behalf. Budget bills Designation of commander in chief Structure of legislative chamber(s) International law Treaty ratification Power to declare/approve war Article 63 The Legislative Yuan shall have the power to decide by resolution on statutory and budgetary bills, amnesty, declaration of war, the conclusion of peace, international treaties, and other important matters of State. Article 64 Structure of legislative chamber(s) 1. The Legislative Yuan shall be composed of the following Delegates: 1. Those to be elected from the Provinces or Municipalities under the direct jurisdiction of the Executive Yuan shall be five for each Province or Municipality with a population of not more than 3,000,000; where the population exceeds 3,000,000, one additional Member shall be elected for each additional 1,000,000; 2. Those to be elected from Mongolian Leagues and Banners; 3. Those to be elected from Tibet; 4. Those to be elected by the ethnic groups in frontier regions; 5. Those to be elected by Chinese citizens residing abroad; and 6. Those to be elected by occupational groups. 2. The election of Members of the Legislative Yuan and the number of those to be elected under Items 2 to 6 of the preceding paragraph shall be determined by law. The number of women to be elected under all the items of the preceding paragraph shall be determined by law. Page 12

13 Structure of legislative chamber(s) Article 65 Members of the Legislative Yuan shall serve a term of three years and shall be re-eligible. The election of Members of the Legislative Yuan shall be completed within three months prior to the expiration of each term. Structure of legislative chamber(s) Leader of first chamber Article 66 The Legislative Yuan shall have a President and a Vice President to be elected from among its Members. Legislative committees Structure of legislative chamber(s) Article The Legislative Yuan may set up various committees. 2. The various committees of the Legislative Yuan may invite government officials and private individuals concerned to be present at the committee meetings to present their views. Structure of legislative chamber(s) Length of legislative sessions Article 68 The Legislative Yuan shall hold two sessions each year and shall convene of its own accord. The first session shall be from February to the end of May, and the second from September to the end of December. Any session may be prolonged, if necessary. Extraordinary legislative sessions Structure of legislative chamber(s) Article 69 An extraordinary session of the Legislative Yuan may be held in either of the following circumstances: 1. At the request of the President of the Republic. 2. At the request of at least one-fourth of its Members. Budget bills Structure of legislative chamber(s) Article 70 The Legislative Yuan shall not propose any increases of the expenditure in the budgetary bill submitted by the Executive Yuan. Structure of legislative chamber(s) Article 71 At meetings of the Legislative Yuan, the Presidents of the various Yuan concerned and the various Ministers and Chairmen of Commissions concerned may be present to present their views. Structure of legislative chamber(s) Article 72 Statutory bills passed by the Legislative Yuan shall be transmitted to the President of the Republic and to the Executive Yuan. The President shall, within ten days after receipt of the bills, promulgate them, but he may also deal with them in accordance with the provisions of Article 57 of this Constitution. Page 13

14 Structure of legislative chamber(s) Article 73 No Member of the Legislative Yuan shall be held responsible outside the Yuan for opinions expressed or votes cast in the Yuan. Structure of legislative chamber(s) Article 74 No Member of the Legislative Yuan shall, except in case of flagrante delicto, be arrested or detained without the permission of the Legislative Yuan. Eligibility for cabinet Head of government's role in the legislature Structure of legislative chamber(s) Outside professions of legislators Structure of legislative chamber(s) Article 75 No Member of the Legislative Yuan shall concurrently hold a government post. Article 76 The organization of the Legislative Yuan shall be regulated by law. CHAPTER VII: THE JUDICIARY Constitutional court powers Structure of the courts Article 77 The Judicial Yuan shall be the highest judicial organ of the State. It shall be competent to try civil, criminal, and administrative cases and to decide on disciplinary sanctions against public employees. Constitutional interpretation Article 78 The Judicial Yuan shall interpret the Constitution and shall have the power to unify the interpretation of laws and ordinances. Article The Judicial Yuan shall have a President and a Vice President. The President and the Vice President of the Judicial Yuan shall be nominated and, upon confirmation by the Control Yuan, appointed by the President of the Republic. 2. The Judicial Yuan shall have a number of Grand Justices who are competent to deal with matters specified in Article 78 of this Constitution. The Grand Justices shall be nominated and, upon confirmation by the Control Yuan, appointed by the President of the Republic. Right to fair trial Judicial independence Article 80 Judges shall be impartial. They shall try cases independently, in accordance with the law, and free from any interference. Page 14

15 Administrative court term length Protection of judges' salaries Article 81 Judges shall hold office for life. No judge shall be removed from office unless he has been guilty of a criminal offense or subjected to disciplinary action, or declared to be under interdiction. No judge shall, except in accordance with law, be suspended or transferred or have his salary reduced. Structure of the courts Ordinary court selection Article 82 The organization of the Judicial Yuan and the court hierarchy shall be determined by law. CHAPTER VIII: EXAMINATION Article 83 The Examination Yuan shall be the highest examination organ of the State. It shall be competent to decide on matters relating to examination, employment, registration, service rating, salary scales, promotion and transfer, security of tenure, commendation, financial assistance to the family in case of death, retirement, and old age pension. Article 84 The Examination Yuan shall have a President, a Vice President, and a number of Members. They shall be nominated and, upon confirmation by the Control Yuan, appointed by the President of the Republic. Civil service recruitment Article 85 Public employees shall be selected through a system of open, competitive examination. Provincial and area quotas shall be fixed and examinations shall be held in different areas. No person shall be appointed to public office unless he has successfully passed such an examination. Article 86 The following qualifications shall be determined through examination and screening by the Examination Yuan in accordance with law: 1. Qualifications for appointment as public employees; and 2. Qualifications for practice in specialized professions or as technicians. Article 87 The Examination Yuan may, with respect to matters for which it is responsible, submit statutory bills to the Legislative Yuan. Page 15

16 Article 88 Members of the Examination Yuan shall be non-partisan and shall exercise their functions independently, in accordance with law. Article 89 The organization of the Examination Yuan shall be regulated by law. CHAPTER IX: CONTROL Article 90 The Control Yuan shall be the highest control organ of the State. It shall exercise the powers of consent, impeachment, censure, and auditing. Article 91 The Control Yuan shall be composed of Members to be elected by Provincial and Municipal Councils, the local Councils of Mongolia and Tibet, and Chinese citizens residing abroad. Their numbers shall be determined in accordance with the following provisions: 1. Five Members for each Province; 2. Two Members for each Municipality under the direct jurisdiction of the Executive Yuan; 3. Eight Members for the Mongolian Leagues and Banners; 4. Eight Members for Tibet; and 5. Eight Members for Chinese citizens residing abroad. Article 92 The Control Yuan shall have a President and a Vice President to be elected from among its Members. Article 93 Members of the Control Yuan shall serve a term of six years and shall be re-eligible. Article 94 In exercising its power of confirmation in accordance with this Constitution, the Control Yuan shall do so by a majority vote of the Members present at the meeting. Page 16

17 Article 95 In exercising its power of control, the Control Yuan may request the Executive Yuan and its Ministries and Commissions to submit to it any orders they have issued and all other relevant documents. Article 96 The Control Yuan may, taking into account the work of the Executive Yuan and its Ministries and Commissions, set up a number of committees to look into all aspects of their activities in order to determine whether or not they are guilty of a violation of law or neglect of duty. Supreme/ordinary court judge removal Article The Control Yuan may, on the basis of the findings and resolutions of its committees, propose corrective measures and transmit them to the Executive Yuan and the Ministries and Commissions concerned, requesting them to introduce the necessary improvements. 2. In case the Control Yuan deems a public employee in the Central Government or in a local government guilty of neglect of duty or a violation of the law, it may propose corrective measures or institute impeachment proceedings. If the case involves a criminal offense, it shall be turned over to a court of law. Supreme/ordinary court judge removal Article 98 Impeachment by the Control Yuan of a public employee in the Central Government or in a local government shall be instituted upon the proposal of one or more Members of the Control Yuan and the decision, after careful consideration, by a committee composed of at least nine of its Members. Supreme/ordinary court judge removal Article 99 In case of impeachment of the personnel of the Judicial Yuan or of the Examination Yuan for neglect of duty or violation of the law, the provisions of Articles 95, 97, and 98 shall apply. Article 100 Impeachment proceedings against the President or the Vice President shall be instituted upon the proposal of at least one-fourth of the total number of Members of the Control Yuan and the resolution, after careful consideration, by a majority of all Members, and shall be transmitted to the National Assembly. Article 101 No Member of the Control Yuan shall be held responsible outside the Yuan for opinions expressed or votes cast in the Yuan. Article 102 No Member of the Control Yuan shall, except in case of flagrante delicto, be arrested or detained without the permission of the Control Yuan. Page 17

18 Article 103 No Member of the Control Yuan shall concurrently hold any other public office or engage in any profession. Article 104 The Control Yuan shall have an Auditor General who shall be nominated and, upon confirmation by the Legislative Yuan, appointed by the President of the Republic. Article 105 The Auditor General shall, within three months after submission by the Executive Yuan of the final financial account, complete the auditing thereof in accordance with law and submit an audit to the Legislative Yuan. Article 106 The organization of the Control Yuan shall be determined by law. CHAPTER X: POWERS OF THE CENTRAL AND LOCAL GOVERNMENTS Article 107 The Central Government shall have the powers of legislation and administration with regard to the following matters: 1. Foreign affairs; 2. National defense and military affairs concerning national defense; 3. Nationality law and criminal, civil, and commercial law; 4. The Judiciary; Telecommunications 5. Aviation, national highways, State-owned railways, navigation, and postal and telecommunication services; 6. Central Government finance and national taxes; 7. Demarcation of national, provincial, and county taxes; 8. State-operated economic enterprises; 9. The currency system and State banks; Page 18

19 10. Weights and measures; 11. Foreign trade policy; 12. Financial and economic matters affecting aliens or foreign countries; and 13. Other matters relating to the Central Government as provided by this Constitution. Article With regard to the following matters, the Central Government shall have the powers of legislation and administration, but may decide to delegate the powers of administration to the provincial or county government: 1. General principles of provincial and county self-government; 2. Demarcation of administrative areas; 3. Forestry, industry, mining, and commerce; 4. The educational system; 5. Banking and stock exchange; 6. Shipping and deep-sea fishery; 7. Public utilities; 8. Cooperative enterprises; 9. Water and land communication and transportation between two or more Provinces; 10. Water conservancy, waterways, agriculture, and animal husbandry concerning two or more Provinces; 11. Registration, employment, surveillance, and security of tenure of officials in the Central and local governments; 12. Land legislation; 13. Labor legislation and other social legislation; 14. Right of eminent domain; Census 15. Census-taking and compilation of population statistics for the whole country; Page 19

20 16. Immigration and land reclamation; 17. The police system; 18. Public health; 19. Disaster relief, financial assistance in case of death and unemployment aid; and 20. Preservation of ancient books, ancient relics, and ancient monuments of cultural value. 2. With respect to the various items referred to in the preceding paragraph, the Provinces may enact separate rules and regulations provided they do not contravene national laws. Subsidiary unit government Article With regard to the following matters, the provincial government shall have the powers of legislation and administration, but may delegate the powers of administration to the county government: 1. Provincial education, public health, industry, and communications; 2. Management and disposal of provincial property; 3. Administration of cities under provincial jurisdiction; 4. Provincial public enterprises; 5. Provincial cooperative enterprises; 6. Provincial agriculture, forestry, water conservancy, fishery, animal husbandry, and public works; 7. Provincial finance and revenues; 8. Provincial debts; 9. Provincial banks; 10. Provincial police administration; 11. Provincial charitable and public welfare works; and 12. Other matters delegated to the Provinces in accordance with national laws. 2. Unless otherwise provided by law, any of the matters referred to in the various items of the preceding paragraph, in so far as it involves two or more Provinces, may be jointly undertaken by the Provinces concerned. Page 20

21 3. In case any of the Provinces lacks sufficient funds to undertake any of the matters referred to in the various items of the preceding paragraph, subsidies may be granted from the National Treasury by a resolution of the Legislative Yuan. Municipal government Article With regard to the following matters, the county government shall have the powers of legislation and administration: 1. County education, public health, industry, and communications; 2. Management and disposal of county property; 3. County public enterprises; 4. County cooperative enterprises; 5. County agriculture, forestry, water conservancy, fishery, animal husbandry, and public works; 6. County finance and taxes; 7. County debts; 8. County banks; 9. County police administration; 10. County charitable and public welfare work; and 11. Other matters delegated to the County in accordance with national laws and provincial self-government regulations. 2. Unless otherwise provided by law, any of the matters referred to in the various items of the preceding paragraph, in so far as it involves two or more Counties, may be jointly undertaken by the Counties concerned. Subsidiary unit government Article 111 Any matter not specifically mentioned in Articles 107, 108, 109 and 110 shall fall within the jurisdiction of the Central Government if it is national in nature, within that of the Province if it is provincial in nature, and within that of the County if it concerns the County. In case of dispute, the matter shall be settled by the Legislative Yuan. Page 21

22 CHAPTER XI: SYSTEM OF LOCAL GOVERNMENT Section 1: The Province Subsidiary unit government Article A Province may convoke a Provincial People s Representatives Conference to draw up, in accordance with the general principles of provincial and county self-government, a set of provincial self-government regulations provided that they do not contravene the Constitution. 2. The organization of the Provincial People s Representatives Conference and the election of the representatives shall be prescribed by law. Article The provincial self-government regulations shall include the following provisions: 1. There shall be a provincial assembly. Members of the provincial assembly shall be elected by the people of the Province. 2. There shall be a provincial government and a provincial governor; the provincial governor shall be elected by the people of the Province. 3. Relationship between the Province and the Counties. 2. The legislative powers of the Province shall be exercised by the provincial assembly. Federal review of subnational legislation Article 114 After enactment, the provincial self-government regulations shall be submitted to the Judicial Yuan. If the Judicial Yuan deems any part of the regulations unconstitutional, it shall declare the relevant provisions null and void. Article 115 If, in the course of implementing the provincial self-government regulations, any serious obstacle in the application of any of the articles contained therein arises, the Judicial Yuan shall first summon the various parties concerned to present their views. Then, the Presidents of the Executive Yuan, the Legislative Yuan, the Judicial Yuan, the Examination Yuan, and the Control Yuan shall form a committee under the Chairmanship of the President of the Judicial Yuan to propose a formula for solution. National vs subnational laws Subsidiary unit government Article 116 Provincial rules and regulations that contravene national laws shall be null and void. Page 22

23 National vs subnational laws Article 117 In case of doubt as to whether any provincial rule or regulation contravenes national laws, the matter shall be settled by interpretation of the Judicial Yuan. Article 118 The self-government of Municipalities under the direct jurisdiction of the Executive Yuan shall be determined by law. Right to culture Article 119 The local self-government system of the Mongolian Leagues and Banners shall be determined by law. Article 120 The system of self-government in Tibet shall be safeguarded. Section 2: The County Article 121 The County shall practice county self-government. Article 122 A County may convoke a County People s Representatives Conference to draw up, in accordance with the general principles of provincial and county self-government, a set of county self-government regulations which, however, shall not contravene the Constitution and the provincial self-government regulations. Legislative initiatives by citizens Article 123 The people of the County shall, in accordance with law, exercise the rights of initiative and referendum in matters relating to county self-government and shall, in accordance with law, exercise the rights of election and recall of the magistrate and other county self-government officials. Article There shall be a county assembly. Members of the county assembly shall be elected by the people of the County. 2. The legislative power of the County shall be exercised by the county assembly. Article 125 County rules and regulations that contravene national laws or provincial rules and regulations shall be null and void. Page 23

24 Article 126 There shall be a county government and a magistrate; the magistrate shall be elected by the people of the County. Article 127 The magistrate shall be responsible for all matters relating to county self-government and shall administer such matters as are delegated to the County by the central and provincial governments. Article 128 The provisions governing the County shall apply mutatis mutandis to the Municipality. CHAPTER XII: ELECTION, RECALL, INITIATIVE, AND REFERENDUM Secret ballot Claim of universal suffrage Article 129 The various elections prescribed in this Constitution shall be by universal, equal, and direct suffrage and by secret ballot, unless otherwise stipulated in this Constitution. Minimum age for first chamber Restrictions on voting Article 130 Any citizen of the Republic of China who has attained the age of twenty shall have the right to vote in accordance with the law. Unless otherwise provided by this Constitution or by law, any citizen who has attained the age of twenty-three shall have the right to stand in elections in accordance with the law. Article 131 All candidates in the various elections prescribed in this Constitution shall conduct their electoral campaigns in a transparent manner. Article 132 Intimidation or inducements of a pecuniary nature are strictly forbidden in elections. Electoral disputes shall be settled by law courts. Article 133 A person duly elected may be recalled by his constituency in accordance with the law. Article 134 In the various elections, a certain number of mandates shall be reserved to women; the law provides for the implementation of this objective. Page 24

25 Article 135 The number of Delegates to the National Assembly to be elected by people in interior areas with special ways of living and habits and the manner of their election shall be prescribed by law. Legislative initiatives by citizens Referenda Article 136 The exercise of the rights of initiative and referendum shall be prescribed by law. CHAPTER XIII: FUNDAMENTAL NATIONAL POLITICS Section 1: National Defense Article The national defense of the Republic of China shall have as its objective the safeguarding of national security and the preservation of world peace. 2. The organization of national defense shall be prescribed by law. Article 138 The Army, Navy, and Air Force of the nation shall be above personal, regional, and party affiliations and shall be loyal to the State and protect the people. Article 139 No political party and no individual shall make use of the armed forces as an instrument in the struggle for political power. Restrictions on the armed forces Article 140 No person in active military service may concurrently hold a civil office. Section 2: Foreign Policy International human rights treaties Article 141 The foreign policy of the Republic of China shall, in a spirit of independence and self-reliance and based on the principles of equality and reciprocity, promote friendly relations with other nations and abide by treaties and the Charter of the United Nations so as to protect the rights and interests of Chinese citizens residing abroad, foster international cooperation, advance international justice, and ensure world peace. Page 25

26 Section 3: The National Economy Mentions of social class Right to reasonable standard of living Article 142 The national economy shall be based on the principle of people s livelihood and shall seek to bring about an equal distribution of land rights and regulate the use of private capital in order to ensure an equitable distribution of national income and a sufficient livelihood for the people. Protection from expropriation Ownership of natural resources Article All land within the territorial limits of the Republic of China shall belong to the entire body of citizens. Private ownership of land, acquired by the people in accordance with the law, shall be protected and limited by law. Privately owned land shall be liable to taxation according to its value and may be purchased by the Government according to its value. 2. Mineral deposits embedded in the land and natural resources which can be used economically in order to promote the public welfare shall belong to the State, even if ownership of the land may have been acquired by private individuals. 3. If the value of a piece of land has been increased other than by the efforts of labor or the employment of capital the State shall levy a tax on the increased value the proceeds of which shall benefit the people as a whole. 4. In the distribution and readjustment of land rights, the State shall, as a rule, assist self-farming land-owners and persons who make use of the land by themselves, and shall also regulate their appropriate areas of operation. Article 144 Public utilities and other enterprises of a monopolistic nature shall, as a rule, be under public management. In cases determined by law, they may be operated by private citizens. Protection from expropriation Article The State shall restrict private wealth and privately operated enterprises if they are deemed detrimental to the balanced development of national wealth and people s livelihood. 2. Cooperative enterprises shall receive encouragement and assistance from the State. 3. Private citizens productive enterprises and foreign trade shall receive encouragement, guidance, and protection by the State. Article 146 The State shall, by the use of scientific techniques, develop water conservancy, increase the productivity of land, improve agricultural conditions, develop agricultural resources, and accelerate the industrialization of agriculture. Article The Central Government shall extend appropriate financial assistance to the poorer and less productive Provinces, in order to achieve a balanced development of the economy of the various Provinces. Page 26

27 constituteproject.org PDF generated: 23 Nov 2017, 15:39 2. The provincial government shall extend appropriate financial assistance to the poorer and less productive Counties in order to achieve a balanced development of the economy of the various Counties. Article 148 Within the territory of the Republic of China, all goods shall be permitted to move freely from place to place. Article 149 Financial institutions shall be subject to State control in accordance with the law. Article 150 The State shall establish a large number of financial institutions for ordinary people with a view to reducing unemployment. Article 151 With respect to Chinese citizens residing abroad, the State shall foster and protect the development of their economic enterprises. Section 4: Social Security Right to work Article 152 The State shall provide suitable opportunities for work to those persons who are able to work. Article 153 Rights of children Limits on employment of children 1. The State shall enact laws and carry out policies for the protection of laborers and farmers in order to improve their livelihood and develop their productive skills. 2. Special protection shall be provided for women and children engaging in manual labor, in accordance with their age and physical condition. Article 154 Capital and labor shall, in accordance with the principles of harmony and cooperation, promote the development of productive enterprises. Conciliation and arbitration procedures in disputes between capital and labor shall be regulated by law. State support for the elderly State support for children Article 155 The State shall establish a system of social insurance to promote social welfare. To the aged and the physically disabled who are unable to make a living, and to victims of extraordinary calamities, the State shall provide appropriate assistance and relief. Page 27

28 constituteproject.org PDF generated: 23 Nov 2017, 15:39 Rights of children State support for children Article 156 The State, in order to consolidate the foundation of national existence and development, shall protect motherhood and carry out a policy for the promotion of the welfare of women and children. Right to health care Article 157 The State, in order to improve national health, shall establish extensive services for sanitation and health protection, and a system of public medical care. Section 5: Education and Culture Article 158 Education and culture shall aim at the development, among the citizens, of the national spirit, the spirit of self-government, of national morality, a healthy physical condition, scientific knowledge and the ability to earn a living. Article 159 All citizens shall have an equal opportunity to receive education. Article 160 Free education 1. All children of school age from six to twelve years shall receive free elementary education. Those from poor families shall be supplied with books by the Government. 2. All citizens above school age who have not received elementary education shall receive supplementary education free of charge and shall also be supplied with books by the Government. Article 161 The national, provincial and local governments shall provide a large number of scholarships to assist students of good scholastic standing and exemplary conduct who lack the means to continue their school education. Article 162 All public and private educational and cultural institutions in the country shall, in accordance with the law, be subject to State supervision. Article 163 The State shall pay due attention to the balanced development of education in the different regions and shall promote social education in order to raise the cultural standards of the citizens in general. Grants from the National Treasury shall be made to frontier regions and economically poor areas to help them meet their educational and cultural expenses. The Central Government may either itself run the more important educational and cultural enterprises in such regions and areas or provide them with financial assistance. Page 28